Children in Law - The web site of Jacqui Gilliatt
This question is best answered by giving a few example of situations in which parents trying to share parental responsibility do not agree about the way a child should be brought up.In most cases, the court can be asked to make a decision when parents cannot agree. In most cases, the court will give very…
DetailsExcellent post over on the Landlord Law blog on the meaning of ‘without prejudice’.
This is the first in a series of posts about parental responsibility. Who Has Parental Responsibility in UK family law? The mother of a child always has parental responsibility. This can only be removed if a child is adopted or placed for adoption under a a placement order. The married father of a child has…
DetailsHere is what the Judges have said in favour of parental responsibility:Lord Justice Balcombe (in Re G (A Minor) (Parental Responsibility Order) 1994 1 FLR 504): “The purpose of a parental responsibility order is to give the unmarried father a ‘locus standi’ in the child’s life by conferring on him the rights which would have…
DetailsThere is a facetious answer to the question – what is a drink problem? Empty glass is the problem – another drink the solution. Or drink is the solution – now what was the problem again? In care cases, however, the usual joking between mates will not do. I am talking about this because I…
DetailsIn UK family law, generally speaking an individual person with parental responsibility can make decisions about the child on their own, if need be. In fact, there are also many decisions which may be made by someone who is simply looking after a child. The Children Act 1989 says that any person who has care…
DetailsParental responsibility is defined in the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Cases decided by the courts have given us some idea of what this means. • making choices about a child’s…
DetailsSome thoughts and a brief answer – maybe not a lot. You already have the right to apply for permission to make section 8 applications ie for contact, residence, specific issue orders or prohibited steps orders. You can apply in care proceedings to become a party, and this is almost never refused. The court is…
DetailsAs if deliberately to undermine my point yesterday about pools versus guns, in today’s Times is a report of a Manchester mother appearing in court charged with posssessing a pistol after her 12 year old daughter was shot dead at her home in April. A 17 year old boy is charged with the girl’s murder.…
DetailsI am reeling with shock at the conduct of Bruce Hyman who has been sent to prison for twelve months for planting a fake judgment on his opponent father in a contact case. A vox pop of my colleagues suggests that he got off quite likely as most of us would have given him two…
DetailsA mother wrote to me recently setting out a history of problems with the father of her child including that he has a major mental illness, cannot organise himself financially so that he often runs out of food or basics like electricity and she is always having to bail him out. To add insult to…
DetailsOther agencies such as doctors and teachers are not always familiar with the rights of a non-resident parent. They may know they have legal responsibilities to share information but may have practical constraints. Schools, for example, may have a duty to inform parents (whether or not with parental responsibility) but they tend to take the…
DetailsThe Independent reports on a father who has been sentenced to life in prison for the murder of his 4 year old son. He also attempted to murder his 14 year old daughter, seemingly in an act of revenge against his wife who he had discovered was having an affair. Most parents don’t take things…
DetailsI am a stepfather. I have been living with a woman who has 3 children for about 4 years. I have 2 children of my own who also live with us. We are about to get married. Will this give me parental responsibility for my partner’s children? Do I need parental responsibility? Getting married to…
DetailsThe BBC reports the tragic death of a toddler who drowned in a swimming pool at the home of her foster carers in Hampshire. An inquiry is already underway as to how this death happened but detailed facts are not yet known. I can anticipate heavy criticism of the local authority for failing in their…
DetailsWell I am back from the abyss of work I have been plunged into post Baby P although despite statements to the effect that things are slowing down it is marginal. An interesting question has been exercising me: can a holder of a shared residence order take a child on holiday abroad without the consent…
DetailsInspired by the The Syndrome screening I thought I would collect up a few useful resources on the topic of shaken baby, both legal and medical. For the moment I will concentrate on articles which are freely available but I will later produce a bibliography on articles which can be accessed through subscription websites such…
DetailsResolution has published a great guide about helping parents who are separating to deal with issues about children which is availalbe as a pdf download here .
DetailsI have been reading with growing alarm about the case of Fran Lyons and in the press (see this Daily Mail article . I have to say I rarely like to get drawn into this sort of debate as usually you can only hear one half of the story. But the half that I have heard…
DetailsListed below are the main orders that the court can make about children in public law cases (cases involving social services), with a brief explanation & links to some other websites and articles, and then gradually add posts dealing with each of the orders and link them from this post. Orders in private law cases…
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